Should we just pay?

pandh

We feel the £100 charge is abusive in our case, but maybe we just have to pay. Is it likely we'll lose in court? Perhaps this is a case of there being no valid dispute for the "fine", but possibly a separate case for failure under the Equality Act (2010).


Summary
I'm the registered keeper.

My disabled partner parked in car park managed by Bransby Wilson & Minster Baywatch. All disabled spaces were taken so she had to struggle with great difficulty to use a non-disabled space. Due to this distress and going on memory that parking was free for disabled individuals she didn't double-check signage. The car park changed earlier this year to pay-on-entry and removed the automated pay-on-exit system. Minster Baywatch have admitted that they don't monitor the very limited spaces for disabled drivers.

We have yet to hear back from the property owner.

The "NOTICE TO KEEPER OR HIRE COMPANY" was provided within the time limit and matches the example on this forum of a valid notice.

POPLA rejected the appeal: https://forums.moneysavingexpert.com/discussion/comment/81714048/#Comment_81714048

Minster Baywatch reply to POPLA:
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On xxx 2025 at xxx, the appellants vehicle (xxxx) received an ANPR charge at our

Newcastle-Under-Lyme, Lymelight Boulevard site for Not having paid a parking fee covering their visit duration in full at the car park. As can be seen by the ANPR camera photographs the vehicle entered the car park at 16:29:08 and left at 21:02:48. The vehicle stayed on the site for a total of 4 hours 33 minutes 40 seconds. The vehicle did not fully comply with the terms and conditions of parking on the site. As such, a Parking Charge Notice was issued.

The appellant has broadly appealed this charge on the following basis:

1. The appellant's actual grounds for appeal are unclear as they do not appear to contest the

contravention itself: they do not claim to have made a payment covering the duration of their stay.

They seem to be appealing based on the grounds that the terms of use at the site have changed

recently to being pay on arrival rather than pay on exit, and that both the change and the new terms are not communicated clearly enough. They state that it is not clear enough that Blue Badge holders are not exempt from payment.

In response, Minster Baywatch will state the following:

1. Signage at the site is clear that all vehicles must have a valid payment covering the full duration of parking, or a charge will be issued. As no payment could be located for the appellant's vehicle, a charge was issued accordingly.

In total over 80 signs are present throughout the site, including yellow enforcement signs laying out the terms, a Single Code of Practice-compliant entrance sign, tariff boards and blue advisory signs saying "PAY FOR PARKING ON ARRIVAL". Site users are given ample notice of the terms with which they must comply in this manner. We have also included with this pack an image of a "NOTICE OF CHANGE" sign - SCoP requires that these are present for a minimum of 4 months following a change of the terms at a site; as can be seen from the time stamps this sign has been present since 19 March and was present on the day of the parking event.

Ultimately it is the responsibility of the motorist to ensure that they seek out the terms and ensure

they are willing and able to comply before deciding to park. We have demonstrated that the terms are adequately signed, therefore the appellant's vehicle was in contravention of those terms and has received a charge as no payment can be located. All of the many examples of the yellow enforcement signs state that "Blue Badge holders are not exempt from the stated terms".

POPLA has been provided a copy of our daily entry log for this site. No entry is similar to the VRM of the vehicle. The site consideration period is 10 minutes.

For the above reasons the PCN was correctly issued, and the appeal correctly declined. POPLA is

referred to the rest of our evidence bundle.
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I have pictures of the site signage that Minster Baywatch included with the above message in the  evidence pack sent to POPLA. These can be provided if they might be helpful.

Nellymoser

Just noticed there's been no replies to your post 😕

No you don't just have to pay that extortionate £100 charge. You can wait, see if they file a court claim. Well defended claims often get discontinued when it comes close to paying the hearing fees.

Some do go to a hearing and there are reports on here of people winning at court on the signage point.

https://forums.moneysavingexpert.com/discussion/comment/80136287/#Comment_80136287

Search the forum for Minister Baywatch Bransby Wilson to find others.

Debt collectors letters will soon start arriving see NEWBIES Announcement thread Post 4 on how to deal with them and when/if you get Letter of/before Claim Post 2 Small Claim has advice.

Here's a different POPLA decision to yours:

https://forums.moneysavingexpert.com/discussion/comment/75816204/#Comment_75816204

Could you name the car park?

Half_way

You said you are yet to hear from the land owner, who is the land owner?

Where is the car park in question?

pandh

Half_way said:

You said you are yet to hear from the land owner, who is the land owner?

Where is the car park in question?

It's Lymelight Boulevard in Newcastle-under-Lyme.

They redacted the owner name on their contract, but it's here: https://lymelightboulevard.co.uk/privacy-policy/

"This Site is owned and operated by KRNS Properties Ltd, a company registered in England No 06781096"

Below image redacted by MB

kryten3000

Do not pay the scam.  It only encourages them.

pandh

Nellymoser said:

Just noticed there's been no replies to your post 😕

No you don't just have to pay that extortionate £100 charge. You can wait, see if they file a court claim. Well defended claims often get discontinued when it comes close to paying the hearing fees.

Some do go to a hearing and there are reports on here of people winning at court on the signage point.

https://forums.moneysavingexpert.com/discussion/comment/80136287/#Comment_80136287

Search the forum for Minister Baywatch Bransby Wilson to find others.

Debt collectors letters will soon start arriving see NEWBIES Announcement thread Post 4 on how to deal with them and when/if you get Letter of/before Claim Post 2 Small Claim has advice.

Here's a different POPLA decision to yours:

https://forums.moneysavingexpert.com/discussion/comment/75816204/#Comment_75816204

Could you name the car park?

Thanks, I'll have a look again in case I missed anything.

pandh

Car park entrance